Ref: 31/2015
Date: 15 June 2015
Time: 10:00 GMT

The Palestinian Center for Human Rights (PCHR) strongly condemns the decision taken the Israeli Military Advocate General (MAG) to close three claims relating to the 50-day “Operation Protective Edge” launched on the Gaza Strip without any prosecutions.

On 14 June 2015, PCHR received three negative replies from the Israeli MAG. These replies were published on the official website of the Israeli army. They stated that MAG ordered closing three claims under the pretext that no criminal suspicion was proved regarding decisions taken to launch attacks, the stages of the attacks were in conformity with the provisions of the Israeli and international Laws, in addition, the decisions to launch the attacks were taken by competent authorities.

The claims ordered to be closed were as follows:

• The case of children of the Baker family: The attack occurred at approximately 04:05 on 16 July 2014, which was the eighth day of the Israeli military operation codenamed “Operation Protective Edge”, when a group of children from the Baker family were attacked while playing at Gaza beach. A number of shells were consecutively fired at them in order to apparently ensure that none of them would survive. As a result of the attack, four children were killed and four others were wounded.
• The case of the al-Kilani and Derbas families in al-Salam multi-storey building: At approximately 20:00 on 21 July 2014, al-Salam building, which was a residential and commercial building located in a densely populated area in the center of Gaza City, was attacked by a massive bomb that was dropped over the building targeting a member of the Islamic Jihad. As a result, 11 civilians, including five children, four women and two men, from the al-Kilani and Derbas families were killed and the upper six floors of the building were destroyed. It should be noted that the al-Kilani and Derbas families fled their homes due to violent attacks.
• The case of Mohammed Atta al-Najjar from Khan Yunis: The al-Najjar family were attacked on 29 July 2014, as a massive bomb was dropped on their house. As a result, eight civilians were killed and four others were wounded. Moreover, the house was completely destroyed.
• The justifications presented by MAG, the claim that what happened complied with the international law and the statement made by the Israeli Prime Minister Benjamin Netanyahu during the Cabinet meeting yesterday, 14 June 2015, that the acts carried out by the Israeli army during the war on Gaza were based on the international law are all against reason and logic and definitely confirm the inherent flaws in the Israeli investigation system, which offers a legal cover for war crimes.

The Israeli denial of entry of the United Nations Independent Commission of Inquiry to investigate violations of international humanitarian law and human rights law in the occupied Palestinian territory, including Eat Jerusalem, into the Gaza Strip to investigate crimes committed by Israeli forces during “Operation Protective Edge” reveals that the Israeli investigation system does not comply with the international standards. The question now is: Will Israel allow the delegation assigned by the Prosecutor of the International Criminal Court (ICC) to visit the crime scene by the end of this month or will it as usual ban the delegation from entering the Gaza Strip, closely observing the facts and meeting the victims?

If the Israeli investigation system follows the international standards, why are there raging concerns over the Palestinians heading to the ICC? And why is there all that political pressure on the Palestinian authority for years and years to prevent it from signing and ratifying the ICC Rome Statute?

PCHR believes that the Israeli judicial system is used to offer a legal cover for war crimes and crimes against humanity committed by Israeli forces. Furthermore, PCHR points out that it has received from MAG only 18 replies, 10 of which were negative, out of 244 criminal complaints submitted by PCHR on behalf of 1,076 victims of “Operation Protective Edge”.

PCHR underscores that its expertise throughout tens of years and after the latest amendments to the Israeli Tort Law, namely “Amendment no. 8/2012”, it became definitely clear that all crimes committed by Israeli forces against Palestinian civilians go unpunishable, and the perpetrators are not be prosecuted according to the Israeli legislature. Therefore, we need to use and employ the international legislation and head to the ICC.

PCHR has always been preparing dozens of files to prosecute Israeli war criminals at the international level, especially before the ICC.